if oe STATE OF FLORIDA mod * AGENCY FOR HEALTH CARE ADMINISTRATION 5 JUN 28 : SU} MY i: 13 AGENCY FOR HEALTH CARE ie! ADMINISTRATION, Petitioner, vs. AHCA Case No. 2005003581 LAKE VIEW NUTRITION CONSULTING SERVICES, INC., é a y o ) 2) d/b/a HENDERSON HOUSE, a yO OY ( Respondent. / ADMINISTRATIVE COMPLAINT The AGENCY FOR HEALTH CARE ADMINISTRATION (‘“AHCA”), through undersigned counsel, files this Administrative Complaint against LAKE VIEW NUTRITION CONSULTING SERVICES, INC., d/b/a HENDERSON HOUSE (“Respondent”) pursuant to Sections 120.569 and 120.57, Florida Statutes (2004), and alleges: NATURE OF THE ACTION 1. This is an action to impose an administrative fine of $1,000 and a complaint investigation survey fee of $500, for a total fine amount of $1,500 against Respondent, an assisted living facility (“ALF”), for a Class II violation pursuant to the various citations, statutes, and rules cited in the two counts below. 2. In summary, Respondent was cited as follows: March 29, 2005 Complaint Investigation. Respondent was cited for one Class II violation. Page | of 7 JURISDICTION AND VENUE 3. This tribunal has jurisdiction over Respondent, pursuant to Sections 120.569 and 120.57, Florida Statutes (2004). 4. Venue shall be determined pursuant to Chapter 28-106.207, Florida Administrative Code (2004). PARTIES 5. Pursuant to Chapter 400, Part III, Florida Statutes (2004), and Chapter 58A-5, Florida Administrative Code (2004), AHCA is the licensing and enforcing authority with regard to assisted living facility laws and rules. 6. Respondent is an assisted living facility located at 907 E. Orange Avenue, Eustis, Florida 32726. Respondent is and was at all times material hereto a licensed facility under Chapter 400, Part IH, Florida Statutes (2004), and Chapter 58A-5, Florida Administrative Code (2004), having been issued license number 6622. COUNT I Respondent failed to protect one resident from an atmosphere of verbal abuse. § 400.419(2)(b), Fla. Stat. (2004) § 400.428(1)(a) and (b), Fla. Stat. (2004) 7. AHCA re-alleges paragraphs 1-6 above. 8. On March 29, 2005, AHCA conducted a Complaint Investigation at Respondent’s facility. AHCA cited Respondent for a deficiency, based on the findings below, to wit: a) Per resident interview conducted on 3/29/05 at 3:00 PM a resident reported that after calling the Department of Children and Family Services he/she was approached by the administrator regarding what was reported and reported being cursed at and called a name by the administrator. The administrator was advised of this report at 4:40 PM during the exit conference and denied the allegation that she cursed at any of the residents. Page 2 of 7 9. Respondent failed to protect one resident from an atmosphere of verbal abuse, as required by Section 400.428(1)(a) and (b), Florida Statutes (2004), which provides, in pertinent part, as follows: “400.428 Resident bill of rights.-- (1) No resident of a facility shall be deprived of any civil or legal rights, benefits, or privileges guaranteed by law, the Constitution of the State of Florida, or the Constitution of the United States as a resident of a facility. Every resident of a facility shall have the right to: (a) Live in a safe and decent living environment, free from abuse and neglect. (b) Be treated with consideration and Some encanta respect and with due recognition of personal dignity, individuality, and the need for privacy.” 10. The foregoing violation constitutes a Class II violation due to the nature of the violation and the gravity of its effect on the residents of the facility, to wit: “400.419 Violations; imposition of administrative fines; grounds.- ...(2) Each violation of this part and adopted rules shall be classified according to the nature of the violation and the gravity of its probable effect on facility residents. The agency shall indicate the classification on the written notice of the violation as follows: (b) Class "II" violations are those conditions or occurrences related to the operation and maintenance of a facility or to the personal care of residents which the agency determines directly threaten the physical or emotional health, safety, or security of the facility residents, other than class I violations. The agency shall impose an administrative fine for a cited class II violation in an amount not less than $1,000 and not exceeding $5,000 for each violation. A fine shall be levied notwithstanding the correction of the violation.” § 400.419(2)(b), Fla. Stat. (2004) 11. The foregoing violation constitutes a Class II violation pursuant to Section 400.419(2)(b), Florida Statutes (2004) (quoted above), due to the nature of the violation and the gravity of its effect on the residents of the facility, and warrants a fine of $1,000. 12. AHCA, in determining the penalty imposed, considered the gravity of the violation, the probability that death or serious harm will result, the actions of Respondent and its staff, the financial benefit to the facility of committing or continuing the violation, and the licensed capacity of the facility. WHEREFORE, AHCA demands the following relief: 1. Enter factual and legal findings as set forth in the allegations of this count; 2. Impose a fine in the amount of $1,000 for the referenced violation; and Page 3 of 7 3. Impose such other relief as this tribunal may find appropriate. COUNT il A survey fee in the amount of $500 is imposed upon Respondent. § 400.419(10), Fla. Stat. (2004) 13. AHCA re-alleges paragraphs 1-12 above. 14. A survey fee is imposed pursuant to Section 400.419(10), Florida Statutes, which states as follows: (10) In addition to any administrative fines imposed, the agency may assess a survey fee, equal to the lesser of one half of the facility's biennial license and bed fee or $500, to cover the cost of conducting initial complaint investigations that result in the finding of a violation that was the subject of the complaint or monitoring visits conducted under s. 400.428(3)(c) to verify the correction of the violations.” WHEREFORE, AHCA demands the following relief: 1. Enter factual and legal findings as set forth in the allegations of this count; 2. Impose a fee in the amount of $500 for the referenced survey; and 3. Impose such other relief as this tribunal may find appropriate. NOTICE Respondent, LAKE VIEW NUTRITION CONSULTING SERVICES, INC., d/b/a HENDERSON HOUSE is notified that it has a right to request an administrative hearing pursuant to Section 120.569, Florida Statutes. Specific options for administrative action are set out in the attached Election of Rights (one page) and explained in the attached Explanation of Rights (one page). All requests for hearing shall be made to the Agency for Health Care Administration, and delivered to the Agency for Health Care Administration, 2727 Mahan Dr., Bldg. 3, MSC 3, Tallahassee, Florida, 32308; Attention: Agency Clerk. Page 4 of 7 HE RESPONDENT IS FURTHER NOTIFIED THAT IF THE REQUEST FOR HEARING IS NOT RECEIVED BY THE AGENCY FOR HEALTH CARE ADMINISTRATION WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THIS ADMINISTRATIVE COMPLAINT, A FINAL ORDER WILL BE ENTERED. Submitted on this_/0 ~~ day of Li ao 2005.